The U.S. Commodity Futures Trading Commission (CFTC) and cryptocurrency exchange Gemini have filed a joint motion seeking to overturn a January 2025 consent order that imposed a $5 million civil penalty on the firm. This development follows the CFTC's new stance that the original charges against Gemini were unfounded and would not have proceeded under current enforcement standards.
In 2022, the CFTC initiated legal action against Gemini, alleging that the exchange misled investors regarding the risks associated with Bitcoin futures contracts. Gemini, co-founded by Cameron and Tyler Winklevoss, settled these allegations by agreeing to the penalty and a permanent injunction in January 2025.
“The initial complaint relied on questionable information from a whistleblower,” the CFTC stated in the recent motion, adding that it viewed Gemini as a "fraud victim."
This shift in position comes amid leadership changes within the CFTC. Michael Selig, who took over as Chair in December 2025, replaced Brian Quintenz, who faced resistance from the Winklevoss twins during his nomination process. Quintenz, a former CFTC commissioner, was believed to be hesitant to pursue stringent enforcement actions against the exchange.




